Mafuza Bibi vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Badambadi P.S. Case No.232 of 2022 arising out of G.R. Case No.22 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Cuttack, for commission of offence punishable under Sections 20(b)(ii)(C) of NDPS Act, on the allegation of jointly possessing 61.5Kgs of Contraband Ganja along with three co-accused persons.

In the course of hearing of the bail application, Mr. S.K. Parida, learned counsel for the petitioner while not pressing the present bail application, prays to grant interim bail to the petitioner by taking into consideration her status as a lady and detention in custody.

On the other hand, Mrs. S.R. Sahoo, learned ASC, however, strongly opposes such prayer of the petitioner.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the status of the petitioner as a lady and her long incarceration in custody and trial having commenced with examination of one out of twenty-one charge-sheeted witnesses as informed and taking into account the other circumstance on record in entirety, while acceding to the prayer of the learned counsel for the petitioner, this Court grants interim bail to the petitioner for a period of fourty five(45) days w.e.f. the date of her actual release on bail on such terms and conditions as deem fit and proper by the learned Court in seisin of the case with further condition that one of the surety of the petitioner shall be a local surety.

The petitioner is, however, advised to surrender to custody after expiry of the interim bail and in case, she fails to surrender to custody as aforesaid, the learned trial Court shall commit the petitioner to custody by taking appropriate steps.

It is made clear that the Court in seisin of the case, while releasing the petitioner on bail may verify the residential proof of the surety/sureties by taking the help of local police, if required to ascertain their proof of residence and such exercise must be completed within a reasonable period of not more than seven days of filing bail bonds.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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